Wage and social insurance for civil servants not backed to work due to the impact of the Covid-19 pa

Legal situation:

My child has been recruited as a civil servant at the General Department of Taxation in 2020. The recruitment decision was issued in July 2020, but during this time, my locality was isolated due to the Covid-19 pandemic. So up to now, my child has not been still received work. May I ask whether my child will be received a wage or not?  How is the period of payment of social insurance calculated? Sincerely thank you.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. Based on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

[1]. Pursuant to Article 17 of the Decree No.138/2020/ND-CP on recruitment decision and job acceptance:

“1. At least 15 days from the date on which an appointee completes a recruitment application, the Head of the competent agency recruiting civil servants issues a recruitment decision and sends it to the appointee at the registered address.

Within 30 days from the receiving date of a recruitment decision, an appointee has to go to the agency for receiving work, except cases in which the recruitment decision regulates another period or the competent agency recruiting civil servants agrees for renewal.

In case a person recruited to be a civil servant does not come to the agency to receive work within the period prescribed at Clause 2 of this Article, the Head of competent agency recruiting civil servants shall cancel the recruitment decision.”

According to these provisions, the person recruited to be a civil servant must receive work within 30 days from the receiving date of the recruitment decision. But, if the recruitment decision regulates another period or the competent agency agrees for renewal of the time to receive the work, the new civil servant can receive work after 30 days. Thus, your child needs to perform the procedures for applying for the renewal of the period of receiving work and must be approved by the recruitment agency. In case the renewal procedure is not carried out without any good reason, pursuant to Clause 3 Article 17 of the Decree No. 138/2020/ND-CP, the Head of the competent agency recruiting has the right to cancel the recruitment decision.

[2]. Because your child has not still carried out the procedures for receiving work, the agency has not still issued the decision on assigning tasks. Thus, at this time, your child is not on the payroll of the agency. After the period of social distancing, your child comes to the agency for receiving the work, the Agency will issue the decision on assigning tasks. At this time, the Head will decide when to pay your child’s wage and is it possible to receive wages during social distancing or not.

In general, your child will be entitled to receive a basic wage from the date of receiving the decision, and fully enjoy allowances, travel expenses, meals, etc. from the date of assigning specific tasks.

Pursuant to Clause 2 Article 5 of the Law on Social Insurance 2014, which regulates as follows: “The compulsory social insurance premium rate shall be calculated based on an employee’s monthly salary. The voluntary social insurance premium rate shall be calculated based on the monthly selected by employees”.

Pursuant to Clause 1 Article 89 of the Law on Social Insurance 2014, the monthly salary on which compulsory social insurance premiums are based: “For employees subject to the State-prescribed salary regime, their monthly salary on which social insurance premiums are based on their rank- or grade-based salary plus position-based, extra-rank working seniority-based or occupation-based seniority allowance (if any).”

Thus, according to the above provision, the compulsory social insurance premium is calculated based on the monthly salary of the civil servant. Accordingly, the time for calculating social insurance is also counted from the date of the decision to accept civil servants.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant provisions. Hopefully, FDVN’s advice would be helpful to you.

Hoàng Trần Ngọc Anh – FDVN Law Firm.  

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